for the
Northern Gateway Pipelines Inc.
Enbridge Northern Gateway Project
5 May 2011
i
OH-4-2011
1
File OF-Fac-Oil-N304-2010-01 01
5 May 2011
The Joint Review Panel (Panel) for the Enbridge Northern Gateway Project (Project) is issuing
this Hearing Order to outline the joint review process along with the available participation
options.
The joint review process is designed to gather information from all viewpoints. The process is
public and open to anyone who wishes to participate. The continued participation of all those
affected by the Project is important to the Panel as it will consider all relevant information
received in making its decision.
There are four options for participating in the joint review process:
As a reference guide, this Hearing Order can help individuals understand the joint review
process. The List of Issues for the Panel’s review of the Project is in Appendix I. Throughout this
document you will find details on key process steps including information about both community
hearings and final hearings. A detailed timeline is in Appendix II.
Local information sessions will be held to help individuals learn more about the joint review
process (see section 5). A Process Advisory Team is available to provide additional assistance at
any time during the joint review process (see section 6).
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The Panel has established a joint review process that is comprised of a number of steps. Figure 1
depicts the steps in the joint review process.
1 click on “Public Registry” in the left hand menu, then “public registry” in the text box and then “B - Northern Gateway
Pipeline Inc., as General Partner of Northern Gateway Pipelines Limited Partnership” for the Northern Gateway application
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June July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun July
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OH-4-2011
5
The deadlines for each step of the joint review process are identified within the various sections
of this Hearing Order, and are summarized in Appendix II. Information on how you can
participate in the joint review process is provided in section 7.
The Panel encourages participants to use electronic submissions, fax or courier so that
documents are received on time.
A participant proposing to submit a document late must obtain Panel approval. The Panel will
decide whether to grant approval by considering:
5 Information Sessions
Information sessions for
The Panel Secretariat will hold information sessions for the public and Aboriginal
the public and Aboriginal groups in various locations groups will be held in
from 6 June 2011 to 15 July 2011. These information various locations from
sessions will provide you with information and guidance 6 June 2011 to
on the joint review process and how to participate in it. 15 July 2011.
The Panel members will not be present and the Panel
Secretariat will not receive comments or evidence about
the Project at the information sessions. This Hearing
Order sets out how participants can provide comments and evidence to the Panel.
OH-4-2011
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In selecting these locations, the Panel took into consideration the invitations and feedback
received during the Panel Sessions.
Further details on these information sessions, including the exact dates, times and venues will be
announced and advertised at a later date. If you would like to receive this information and future
updates from the Panel, please sign up for email updates at Gateway.Review@ceaa-acee.gc.ca.
7 How to Participate
There are four options for participating in the joint review process. You can:
Each option has a different type of involvement in the joint review process. Note that the term
“Parties” in this process means Intervenors, Government Participants, and Northern Gateway.
The Parties also have special privileges and responsibilities that the others participants do not.
These participation options are explained more fully below, including deadlines for the steps in
the joint review process.
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The Panel will consider the oral and written comments received during the three Panel sessions
held in August and September of 2010. There is no need to re-submit these comments to the
Panel or send them to other Parties to the process.
If you wish to provide written comments to the Panel, you may do so by submitting a letter of
comment. It allows you to provide the Panel with your knowledge, views or concerns on the
proposed Project. It should describe the nature of your interest in the Project and provide any
relevant information that explains or supports your comments. Your letter of comment must
include your name, full mailing address, phone number, and the name of your organization if you
are representing one.
You must submit your letter of comment to the Panel and send it to Northern Gateway and its
counsel on or before 13 March 2012. The letter can be sent to Northern Gateway using the
contact information in section 9.3. Letters of comment will be posted on the Panel’s website
under the public registry, or available on request made to Louise Niro, Regulatory Officer at
403-299-3987 in Calgary or by calling toll free at 1-800-899-1265 and specifying the Enbridge
Northern Gateway Project.
If you choose to only submit a letter of comment, you are not considered an Intervenor. This
means you will not receive a copy of the application, and will not be allowed to ask written or
oral questions, or to submit final argument. However,
you may still follow the joint review process by viewing
information in the public registry, listening to the Letter of Comment
community and final hearings over the Internet, or submission deadline:
attending the hearings as an observer. 13 March 2012
2 Go to www.gatewaypanel.review.gc.ca and under the “Public Registry” heading, click “Submit documents electronically” –
then click “Letter of comment”
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An oral statement is a way for you to provide the Panel with your knowledge, views or concerns
on the proposed Project in person during the community hearings. Your oral statement should
describe the nature of your interest in the application and provide any relevant information that
explains or supports your statement. You will present your oral
statement during one of the community hearings (section 8.6),
and can use notes to help you. At the time you give your oral Oral statements
statement you will be sworn or affirmed and asked to confirm should be no longer
that the content of your statement is accurate to the best of your than 10 minutes.
knowledge.
Immediately after giving your oral statement, the Panel and, with Panel permission, Northern
Gateway and other Parties may ask you questions to seek clarification about the information you
provided.
If you choose to make an oral statement, you are not considered an Intervenor. This means you
will not receive a copy of the application, and will not be allowed to ask written or oral
questions, or be allowed to submit final argument. However,
you may still follow the joint review process by viewing
information in the public registry, listening to the community Oral Statement
and final hearings over the Internet, or attending the hearings registration deadline:
as an observer. 6 October 2011
3 Go to www.gatewaypanel.review.gc.ca and under the “Public Registry” heading, click “Submit documents electronically” –
then click “Oral statement”
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Intervenors and Government Participants are generally involved in all the same steps of the
process, however, there are some differences. A Government Participant has some restrictions
placed on the amount of involvement in certain steps. These restrictions are described in the
sections below.
7.3.1 Intervenor
Intervenor status allows you to:
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questioned. At the time you give your oral evidence you will be sworn or affirmed and asked to
confirm that the content of your evidence is accurate to the best of your knowledge.
Government Participant status requires you to respond in writing to written information requests
and answer oral questions during the final hearings (if Parties receive prior Panel approval to ask
oral questions).
4 Go to www.gatewaypanel.review.gc.ca and under the “Public Registry” heading, click “Submit documents electronically” –
then click “Intervenor” or “Government Participant ”
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possible, as you will only be entitled to participate after you have registered and will be subject
to the published deadlines.
If you become an Intervenor or Government Participant, you may, at any time in the process
choose to withdraw as Intervenor or Government Participant by providing written notice to the
Panel. You may then provide your comments using one of the other methods of participation
providing the deadline for submission has not already passed. However, if you have submitted
written or oral evidence you must be available to be questioned. If you are not available to be
questioned, the Panel could order that
the evidence be removed from the
public registry. The Panel will not
The public registry can be accessed
consider evidence that is removed from
from the Panel’s website at
the public registry.
www.gatewaypanel.revew.gc.ca,
Receiving a copy of the application or and following the links to “public
this Hearing Order does not registry”.
automatically make you an Intervenor
or Government Participant. Any person
or government organization wishing to
be an Intervenor or a Government Participant must submit a registration containing the
information in the form contained in Appendix IV.
Northern Gateway must submit any additional evidence to supplement its application with the
Panel by 9 June 2011. This is not the additional information required in the 19 January 2011
Panel Results and Decision document that has already been received. It is any other evidence that
Northern Gateway wishes to submit regarding the Project. Northern Gateway must send a copy
of this additional evidence to all other Parties immediately after receiving the List of Parties.
Those wishing to become Intervenors or Government Participants must register by 14 July 2011.
Shortly after the deadline for registration as an Intervenor or Government Participant, the Panel
will issue a List of Parties (which consists of Northern Gateway, Intervenors, and Government
Participants). The Panel will send the List of Parties to all Parties. The List of Parties will also be
available on the Panel’s website.
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If a Party’s contact information changes, that Party must inform the Panel of the new contact
information.
If you are an Intervenor or Government Participant and have questions regarding the Project
application, you can ask your questions to Northern Gateway in writing as information requests
during the times specified below. All information requests must be sent to Northern Gateway and
its counsel, and a copy must be submitted to the Panel and a copy sent to all Parties.
Northern Gateway must submit its responses to the information requests to the Panel and send a
copy to all Parties.
There will be two rounds of information requests to Northern Gateway beginning shortly after
the List of Parties is issued. The first round of information requests to Northern Gateway will
close on 25 August 2011. Northern Gateway must provide its responses by 6 October 2011. The
second round of information requests to Northern Gateway will close on 3 November 2011, with
the deadline for Northern Gateway to respond on 24 November 2011. You can send in several
sets of information requests during each round as long as they are received prior to the stated
deadlines.
The deadline for Intervenors applying for permission to give oral evidence at the community
hearings is 6 October 2011, if you have not already done so in your registration for Intervenor
status. This is also the deadline for registrations to make an oral statement.
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The joint review process will include two sets of hearings. The community hearings will be the
first set of hearings and have two purposes, the first being to hear oral statements described in
section 7.2 above.
The second purpose of the community hearings is to allow Intervenors to give a portion of their
evidence orally. The Panel anticipates that Parties will provide most of their evidence in writing.
Generally, the Panel will allow oral evidence where:
• it consists of oral traditional evidence or evidence that cannot be provided in writing, and
• it can be presented within three hours or less, unless advanced notice is given to the Panel.
Intervenors wishing to present evidence orally must request permission from the Panel at the
time of registration. Requests to give evidence orally must include the following:
1. reason for the request including why the evidence cannot be provided in writing;
2. expected duration of the presentation;
3. an overview of the evidence proposed to be provided orally; and
4. names of the individuals expected to present to the Panel.
Written documents (e.g. reports) should be submitted as written evidence and not read as oral
evidence.
Community Hearings will be held in locations along the proposed pipeline route and in the
vicinity of the marine terminals, as well as Vancouver and Port Hardy, BC. The full list of
locations will be announced at a later date.
Northern Gateway, Intervenors and the Panel may ask information requests on the evidence
submitted by other Intervenors and Government Participants. Information requests must be sent
to the Intervenor or Government Participant who is being asked for the information, and a copy
submitted to the Panel. Permission from the Panel is required for Government Participants to
send information requests to Parties other than Northern Gateway.
This information request process will begin shortly after the end of the community hearings.
The deadline for information requests to the Intervenors and Government Participants is
20 March 2012. Intervenors and Government Participants must provide their responses by
15 May 2012. Intervenors and Government Participants must submit their responses to
information requests to the Panel and send a copy to all Parties.
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Northern Gateway may submit additional evidence in reply to the evidence and response to
information requests provided by Intervenors and Government Participants. This reply evidence
must be submitted to the Panel and a copy sent to all Parties. The deadline for Northern Gateway
to submit reply evidence is 29 May 2012.
Northern Gateway and Intervenors must receive approval from the Panel to question a
Government Participant orally during the final hearings. A request to question a Government
Participant must indicate:
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Government Participants must also receive approval from the Panel to orally question any other
Party. The request must include the same information and follow the same timeline as described
above for Intervenors and Northern Gateway.
During the second part of the final hearings, Parties may provide final argument. Final argument
is an opportunity for Parties to summarize their evidence, explain their position on the
conclusions they would like the Panel to make about the Project; and make recommendations to
the Panel.
The final hearings may be held in fewer locations than the community hearings. The locations
and dates for these hearings will be announced at a later date.
Active participation in the final hearings is restricted to the Parties. However, you are welcome
to attend and observe the final hearings, or you may listen to the final hearings over the Internet
by logging on to the Panel’s website at www.gatewaypanel.review.gc.ca and following the
instructions under “Hearings.”
9 Submitting Documents
When this Hearing Order requires the submission of documents by certain deadlines, the
documents are only considered to meet the deadline when the intended person receives them.
The intended recipient must receive the documents by noon, Mountain Time, on the date of
the deadline. If you need help to submit your document, please contact Louise Niro, Regulatory
Officer, at 403-299-3987 in Calgary or by calling toll free at 1-800-899-1265 and specify that
you are calling about the Enbridge Northern Gateway Project.
Parties who have the ability to submit documents electronically are expected to submit
documents to the public registry through the Panel’s website5.
The sender of e-mails cannot always be verified and for that reason e-mails are not
considered electronic submissions and are not accepted. If you are submitting a document
other than a letter of comment or registration form (see section 9.3) electronically:
• ensure the document references Hearing Order OH-4-2011 and File No. OF-Fac-Oil-
N304-2010-01 01;
• address the document(s) to the proper Party. (For example, if it is directed to the Panel
(e.g. evidence), address the document(s) to the Secretary to the Joint Review Panel. If it is
addressed to another Party (e.g. information request), address the document(s) to that Party);
• number pages consecutively, including blank pages, starting with the title page as page 1;
• sign the document(s);
5 Go to www.gatewaypanel.review.gc.ca and under the “Public Registry” heading, click “Submit documents electronically”
OH-4-2011
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• follow the website instructions for submitting a document electronically. For more
information about electronic submissions, please refer to the “Filers Guide to Electronic
Submission.” This document is available on the Panel’s website at
www.gatewaypanel.review.gc.ca6. The Panel’s website will contain the full text of
documents submitted electronically using the procedures outlined above;
• print the e-mail you receive containing a submission receipt;
• send one hard copy of the electronically submitted document(s) and one hard copy of the
signed submission receipt to the Panel by hand delivery, mail, courier or fax the submission
to the following:
Secretary to the Joint Review Panel
Enbridge Northern Gateway Project
444 - Seventh Avenue S.W.
Calgary, Alberta T2P 0X8
Fax: 403-292-5503 or toll free fax at 1-877-288-8803
• send an e-mail notification of your submitted documents to all Parties on the List of Parties
identified as having the ability to access documents in the public registry through the Panel’s
website. Parties who have the ability to access documents through the website must accept a
notification that a document is in the public registry rather than requiring the Party
submitting the document to send it to them7;
• send one hard copy of any submitted document(s) to Parties on the List of Parties identified
as not having the ability to access documents in the public registry through the Panel’s
website;
• if it is less than 5 days before the start of the hearing, place enough hard copies of your
submitted document(s) for use by other Parties in the designated location in the hearing
room; or
• if the hearing has started and you intend to submit new documents not previously sent to
the Panel, you must provide six hard copies of your document(s) to the Panel’s Regulatory
Officer and ten hard copies to Panel Counsel and place enough hard copies for use by other
Parties in the designated location in the hearing room.
9.2 Submission Process if you cannot Submit Documents Electronically
The Panel expects Parties who have the ability to submit documents electronically to do so. If
you cannot submit documents electronically the process below must be followed, with the
exception of letters of comment and registration forms. Please see Section 9.3 for guidance
relating to the submission of those documents.
• ensure each documents refers to Hearing Order OH-4-2011 and File No. OF-Fac-Oil-
N304-2010-01 01;
• number pages consecutively, including blank pages, starting with the title page as page 1;
• sign each document;
6 Go to www.gatewaypanel.review.gc.ca and under the “Public Registry” heading, click “Submit documents electronically”
then under the heading “submitting electronically” click on “Filer's Guide to Electronic Submission”.
7 Go to www.gatewaypanel.review.gc.ca and under the “Public Registry” heading, click “public registry”
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• hand deliver, mail, or courier three copies or fax one copy of each document to the following
address/fax number:
Secretary to the Joint Review Panel
Enbridge Northern Gateway Project
444 - Seventh Avenue S.W.
Calgary, Alberta T2P 0X8
Fax: 403-292-5503 or toll free fax at 1-877-288-8803
• send one hard copy of each submitted document to Parties on the List of Parties identified as
not having the ability to access documents in the public registry through the Panel’s website;
• the Panel Secretariat will assist by attempting to scan the submitted documents into the
public registry.
• If the document can be successfully scanned, then the Panel Secretariat will send an
email notification to Parties; or
• Where it is not possible for the Panel Secretariat to scan the document, you must send
one copy to all the Parties on the List of Parties that identified they can receive electronic
submissions. The Panel Secretariat will create an electronic placeholder. This placeholder
indicates that a document has been submitted in hard copy (and is available in the
National Energy Board’s library) but it will not be possible to view or search these
documents through the public registry on the Panel’s website;
• if it is less than 5 days before the start of the hearing, place enough hard copies of each
submitted document for use by other Parties in the designated location in the hearing room;
and
• if the hearing has started and you intend to submit new documents not previously sent to
the Panel, you must provide six hard copies of each document to the Panel’s Regulatory
Officer and ten hard copies to Panel Counsel and place enough copies for use by other
Parties in the designated location in the hearing room.
If you are submitting a letter of comment, a registration to make an oral statement, a registration
for Intervenor status or registration for Government Participant status to the Panel, you must:
OH-4-2011
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• and hand deliver, mail, courier or fax one hard copy of your submission to Northern
Gateway and its counsel to each of the following addresses or fax numbers:
Kenneth MacDonald Abby Dorval
VP, Law and Regulatory Affairs Manager, Regulatory Affairs
Northern Gateway Pipelines Inc. Northern Gateway Pipelines Inc.
30th Floor, 425 – 1st Street SW 30th Floor, 425 – 1st Street SW
Calgary, Alberta T2P 3L8 Calgary, Alberta T2P 3L8
Fax: 403-718-3525 Fax: 403-231-7380
kenneth.macdonald@enbridge.com abby.dorval@enbridge.com
These documents will be available on the public registry, through the Panel’s website.
Northern Gateway must send an electronic or hard copy of its application and related materials to
each Intervenor who requests a copy.
Parties may request that the Panel keep written and oral submissions of evidence confidential,
pursuant to Sections 16.1 or 16.2 of the NEB Act. Requests will be considered by the Panel on a
case-by-case basis.
Requests for confidentiality must be submitted to the Panel at least 30 days in advance of the
date that the Party intends to submit the evidence to the Panel.
(a) a direct link to the website is inserted, or a reference that is sufficient to allow any person
accessing the website to know the exact information which is being referenced;
(b) the website does not require a password or subscription in order to access the information;
and
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(c) a hard copy of all of the information being referenced on the website is submitted to the
Panel. You can hand deliver, mail, courier or fax one hardcopy to the Panel at the
following address or fax number:
Secretary to the Joint Review Panel
Enbridge Northern Gateway Project
444 - Seventh Avenue S.W.
Calgary, Alberta T2P 0X8
Fax: 403-292-5503 or toll free fax at 1-877-288-8803
10 Motions
Any person wishing to raise a question of procedure or substance that requires a Panel decision
before the final hearings start must submit a motion with the Panel. The motion should be
submitted using the document titled “Notice of Motion” (provided in Appendix V) and be
separate from other correspondence.
Section 35 of the National Energy Board Rules of Practice and Procedure, 1995 provides
direction for submitting motions. The motions must set out:
If case law is being relied on, a case book must be submitted and the specific passages of the
cases being relied on must be highlighted or side-barred. The person raising a motion must
submit a copy to the Panel and send a copy to all Parties.
11 Interpretation
Parties must indicate the language they wish to use during the hearings. If both English and
French will be used during the hearings, the Panel will provide simultaneous interpretation.
Participants who wish to make oral presentations to the Panel in a language other than English or
French, such as an Aboriginal language, must identify an interpreter and contact Louise Niro,
Regulatory Officer at 403-299-3987 or toll free at 1-800-899-1265. Please specify the Enbridge
Northern Gateway Project and that you would like to make arrangements to provide
interpretation of the presentation into English or French. It is preferable if the interpreter can
provide simultaneous interpretation into English or French, but consecutive interpretation may be
accepted. The English interpretation will be transcribed and used as the evidentiary record for the
joint review process.
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12 Transcripts
All hearings will be recorded and transcribed daily. Transcripts will be available through the
Panel’s website site at www.gatewaypanel.review.gc.ca.8
One hard copy of the daily transcript will be provided at no cost, except for the cost of delivery,
to any Party who requests one. All costs of any subsequent copies are the responsibility of the
requesting Party. You can also order transcripts directly from International Reporting Inc. in the
following ways:
• at the hearing;
• by e-mailing bprouse@irri.net; or
• by calling 1-800-899-0006.
13 Live Broadcasts
The hearing will be broadcast live (in English and French) over the Panel’s website. If you wish
to listen to the live hearing feed, you can log on to the Panel’s website site at
www.gatewaypanel.review.gc.ca 9.
14 Further Information
If you have questions or difficulties submitting documents to the public registry through the
Panel’s website, or questions about interpretation, please contact Louise Niro, Regulatory
Officer, at 403-299-3987 in Calgary or by calling toll free at 1-800-899-1265 and specifying the
Enbridge Northern Gateway Project. The Hearing Order may also be accessed through the
Panel’s website at www.gatewaypanel.review.gc.ca (under the “Documents” heading click on
“Hearing Order”).
If you have other questions about the joint review process, contact the Process Advisory Team at
• (phone) 1-866-582-1884;
• (fax) 613-957-0941;
• (toll free fax) 1-877-288-8803; or
• (e-mail) GatewayProcessAdvisor@ceaa-acee.gc.ca
Anne-Marie Erickson
Secretary to the Joint Review Panel
8 Click on “Public Registry” and then “public registry” and click on “Hearing Transcripts”.
9 follow instructions under “Hearings”.
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The Panel’s environmental assessment of the Project and related public interest determination
will include, but not be limited to, consideration of the following.
Where applicable, all of these issues apply to both the terrestrial and marine components of the
Project. Also note that the issues include those to be considered under the Canadian
Environmental Assessment Act as outlined in Parts I, II and III of the Joint Review Panel Terms
of Reference (appended below the List).
Environmental Effects
3 Potential effects on the environment including:
3.1 protected areas
3.2 wildlife and wildlife habitat
3.3 fish and fish habitat
3.4 atmosphere including greenhouse gas emissions
3.5 vegetation
3.6 species at risk
3.7 marine environment
3.8 water, hydrology, and wetlands
3.9 soils, terrain and geology
3.10 cumulative effects
3.11 effects of the environment on the Project, including geohazards
OH-4-2011
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Socio-economic Effects
4 Potential effects on socio- economic matters, including:
4.1 human occupancy and resource use
4.2 heritage resources
4.3 traditional land and resource use
4.4 social and cultural well-being
4.5 human health
4.6 infrastructure and services
4.7 employment and economy
Consultation
5 Consultation with the public and Aboriginal groups on the Project
Routing
9 General route of the pipeline (including the proposed 1 km wide general route corridor) and
route selection criteria
10 General location of the proposed facilities and the siting of the marine terminal
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Terms of Reference
The definitions in the Agreement between the National Energy Board and the Minister of the
Environment concerning the joint review of the Northern Gateway Pipeline Project will apply to
this Appendix.
The Panel will conduct a review of the Environmental Effects of the project and the appropriate
mitigation measures based on the project description and consideration of the project application
under the NEB Act.
The Panel will include in its review of the project, consideration of the factors identified in this
Appendix and the scope of the factors.
The project includes the construction, operation, decommissioning and abandonment of the
following components:
• An oil pipeline commencing near Fort Saskatchewan, Alberta and terminating at a new
marine terminal located in Kitimat, British Columbia;
• A condensate pipeline commencing at a new marine terminal in Kitimat, British Columbia
and terminating near Fort Saskatchewan, Alberta;
• The right-of-way for the two pipelines as well as any temporary workspace required for the
construction;
• Associated pump stations, a pressure letdown station (oil) and a pressure initiation station
(condensate);
• Tunnels through North Hope Peak and Mount Nimbus to facilitate crossing of the Coast
Mountains by the pipelines;
• A tank terminal, including hydrocarbon tanks, pump facilities and other land facilities,
adjacent to the marine terminal;
• All-weather road access and electrical power requirements for the pump stations, the tank
terminal and the new marine terminal in Kitimat, British Columbia;
• Block valves located at pump stations, selected watercourse crossings and other locations
along the route;
• Pigging facilities at either end of the pipeline system and in selected intermediate locations;
• Cathodic protection system for the pipelines and tanks, including anode beds at selected
locations along the pipeline route;
• Two marine loading and unloading berths (one each for oil and condensate) including:
loading and unloading platforms;
OH-4-2011
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• breasting dolphins;
• mooring dolphins;
• gangway tower;
• walkway bridges between platform and breasting dolphins;
• utility boat floating dock;
• oil contingency deployment system with storage platforms;
• fire fighting systems;
• offshore anchorages in Kitimat Arm or elsewhere; and
• pipeline interconnects between the berths and the tankage.
• Marine transportation of oil and condensate within:
• the Confined Channel Assessment Area, as defined by the proponent, which includes the
marine and shoreline area of Kitimat Arm, Douglas Channel to Camano Sound, and
Principe Channel to Browning Entrance;
• Hecate Strait; and
• the proposed shipping routes to be used for the project that are within the 12 nautical mile
limit of the Territorial Sea of Canada.
• All related works and activities including:
• all temporary electrical power supply lines, such as those supplying energy for camps and
worksites;
• temporary work camps;
• temporary access roads;
• bridges and watercourse crossings (new or modified);
• management and treatment of wastewaters and waste management;
• water withdrawals;
• borrow pits and quarries;
• management of excavation material, including stockpiles (e.g. overburden);
• log handling and storage facilities
• construction worksites, storage areas and staging areas;
• handling and storage of petroleum products and hazardous materials;
• handling, storage and use of explosives; and
• Any other components described by the proponent in its Preliminary Information Package,
filed with the National Energy Board on November 1, 2005
OH-4-2011
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The joint review will include a consideration of the following factors listed in paragraphs 16(1)
(a) to (d) and subsection 16(2) of the Act:
• The environmental effects of the project, including the environmental effects of malfunctions
or accidents that may occur in connection with the project and any cumulative environmental
effects that are likely to result from the project in combination with other projects or
activities that have been or will be carried out;
• The significance of the effects referred to above;
• Comments from the public and Aboriginal peoples that are received during the review;
• Measures that are technically and economically feasible and that would mitigate any
significant adverse environmental effects of the project;
• The purpose of the project;
• Alternative means of carrying out the project, that are technically and economically feasible
and the environmental effects of any such alternative means;
• The need for, and the requirements of, any follow-up program in respect of the project; and
• The capacity of renewable resources that is likely to be significantly affected by the project
to meet the needs of the present and those of the future.
In accordance with paragraph 16(1)(e) of the Act, the assessment by the Panel will also include a
consideration of the following additional matters:
The Panel in conducting its consideration of the factors outlined in Part II will have regard to the
following:
• The National Energy Board’s Filing Manual dated 2004 as amended from time to time; and
• The document issued by the Canadian Environmental Assessment Agency, in response to
comments received on the draft Joint Review Panel Agreement, entitled “Scope of the
Factors - Northern Gateway Pipeline Project, August, 2009”.
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List of Parties issued Panel Section 8.2 Shortly after 14 July 2011
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Date submitted
Signature
Print Name
Please attach all materials in support of your motion, including the following:
1. Concise statement of relevant facts
2. The grounds for your request (why the Panel should make this decision or order)
3. Detailed description of the decision or order sought
4. Information supporting your request
5. If case law is being relied on, a case book with the specific passages of the cases
highlighted or side-barred
Please refer to the National Energy Board Rules of Practice and Procedure, 1995, rule 35, for
further information.
To submit your motion, please submit this cover page, along with the attachment(s), and serve a
copy on all Parties.
OH-4-2011